Va. Tech Killer Ruled Mentally Ill by Court; Let Go After Hospital Visit

ABC News ^ | April 18, 2007 | NED POTTER and DAVID SCHOETZ

[Lazamataz]

Actually, I must correct you: It appears from my research that a court-ordered commitment to a mental institution is also a disqualifier.

[1rudeboy]

Thanks. I couldn't get your first one to work. According to your link, and in order for you to retroactively "exclude" the subject, you'd have to demonstrate that he was mentally-ill at the time of entry. Which in this case, if I recall, was in 1992. Not an easy task, even in an administrative hearing.

[pa mom]

He had been cited for doing 44 in a 25. When I lived in VA 15 over was automatically reckless driving. Probably why he had to appear in court.

[Reeses]

They believe we are all good, but just need education to make sure we stay good.

Leftists think the solution to our prison population is to give the criminal class sufficient education that they are smart enough to not get caught.

[varyouga]

Yes. Both guns were bought this year.

[popdonnelly]

There are so many reasons why this young man should have been stopped before he got to the point of committing these awful crimes. There are a number of people who failed to act responsibly in dealing with his mental condition.

[pa mom]

thanks.

[CFC__VRWC]

It was just an idea. Something clearly went very wrong with the background check system to allow this to slip through the cracks - it’s not like “Seung-Hui Cho” is a very common name in America like “John Smith”, so that reason is ruled out.

Look for the liberals to claim that this proves the background check system is broken because the Republicans didn’t throw enough money at, that an instant background check system “just won’t work”, and that therefore the only answer is to ban private ownership of firearms.

[spunkets]

"VT Killer Taken To Psychiatric Hospital, Ruled Mentally Ill, & Then Let Go"

LOL! You're nuts! Get out of here!

...and don't come back!

[angkor]

Not sure you guys are seeing this:

"National and state databases are accessed simultaneously at the time of transaction. Four are maintained by the Virginia Department of State Police, accessible by the Virginia Criminal Information Network (VCIN): Virginia’s wanted and missing persons files and protective orders, Virginia’s criminal history record files, a calendar file on handgun purchases required to monitor and enforce lawful handgun limitations and Virginia’s database of adjudications of legal incompetence and incapacity, and involuntary commitments to mental institutions.

http://www.vsp.state.va.us/Firearms_VFTP.shtm

[1rudeboy]

I should also warn you that your law review article is dated 1959. You have almost fifty years of intervening law to research.

[angkor]

Actually, I must correct you: It appears from my research that a court-ordered commitment to a mental institution is also a disqualifier.

Of course it is Laz.

The minimum threshold is a court adjudication that one is mentally ill, which is what happened here.

[Spktyr]

Yup.

As I commented, NICS failed, as it is supposed to be linked to VCIN. Even if it’s not, VCIN had to be checked separately anyway. And VCIN didn’t catch him.

[angkor]

HIIPA allows patient record transfers with proper law enforcement requests.

Court records are by definition public records. His court adjudication would not be covered by HIPAA.

[CFC__VRWC]

Anyone looking into just how well all these databases talk to one another? My guess is that such an investigation will turn up yet another big government boondoggle fueled by unlimited money and zero accountability.

Which means this story will really sink like a stone if the media gets its way.

[spunkets]

"if it gets to the level where a Court has declared you mentally deficient, it has to be. I'll check that out though."

Those records are included by law in several midwestern States. Check VA law.

[P-40]

It is going to be interesting to find out just what happened...or didn’t happen.

[Spktyr]

As of 25 April 2005, VA funding for VCIN was greatly increased. If they’re complaining that NICS is underfunded, that’s fine - since VCIN is both linked to NICS *AND* had to be consulted separately anyway, it means that he should have been caught in any case. This may mean that an instant background check is pretty much useless and worse than nothing.

[Ben Mugged]

I know it’s not politically correct to be logical, but there has to be some way to deport resident aliens who are insane.

[Lazamataz]

"National and state databases are accessed simultaneously at the time of transaction. Four are maintained by the Virginia Department of State Police, accessible by the Virginia Criminal Information Network (VCIN): Virginia’s wanted and missing persons files and protective orders, Virginia’s criminal history record files, a calendar file on handgun purchases required to monitor and enforce lawful handgun limitations and Virginia’s database of adjudications of legal incompetence and incapacity, and involuntary commitments to mental institutions.

The system failed.